Monday, March 2, 2015

procrastiNATION: The US Government Avoiding Big Issues

During the 19th century American politicians discussed, argued over, and made laws regarding the issue of slavery in the country. All their debates however, focused on resolving a short term issue in a way that just made everyone happy enough for the time being. The actual large topic of slavery in America was avoided as much as possible to push off the large decisions that would inevitably cause extreme controversy and massive upset. Through these years of politics the debate over slavery was the elephant in the room so to speak. Everyone knew it was there but no one wanted to talk about it so instead they dealt with little problems that came along as a result and didn't bring up the large issue. To look at how the United States did deal with the smaller concerns and how they all fit together, our class examined eight events predating the civil war and whether the result was in support of or against slavery.

Pro-Slavery outcomes are on the bottom of the timeline
Anti-Slavery outcomes are above the line



 In 1820 the Missouri Compromise was agreed upon to keep the number of slave states equal to the number of free states so each side would have an equal number of representatives to vote on issues. In the compromise Missouri was established as a slave state and Maine, a free one. Slavery creeping North freaked out Northerners and so it was decided that any state above the 36 degree latitude line would have to be free, except Missouri. But then with the gold rush to California, the golden territory's population had grown so it could officially be the golden state. The inhabitants of California wanted to be a free state, which would again threaten the balance of slave/free states. Other issues were also surfacing at the same time; new land won from Mexico was yet to be declared slave or free, Texas was having border disputes, and the capital city was the largest slave port in North America.  The compromise of 1850 had 5 parts to it to best appease all parties without fully prohibiting or encouraging slavery. To make Northerners happy Washington DC outlawed the sale/purchase of slaves in the city. While owning slaves was still legal there it put a limit on slavery and was progress towards freedom. Also, California was admitted as a free state since the poor workers who moved there for work couldn't afford slaves and didn't want to compete against slave labor.

In favor of slavery three more parts of the compromise were created. Texas gave up the land in question in exchange for $10M, even without the Mexican land it remained the largest slave state in the union. As for the other land acquired in the war New Mexico, Nevada, Arizona, and Utah were declared territories and slavery was not mentioned either way until decided upon by the inhabitants upon request for statehood. It was a very vague and unhelpful rule, erring on the side of slavery supporters since all they needed to do was fill up the areas with people who were pro-slavery. But the worst component was the Fugitive Slave Act. It required that all citizens had to assist in the recovery of escaped slaves and then denied the slaves the right to a jury trial. A slave that had escaped to a free state and lived there for years would be tracked down and dragged back to slavery, or even a free black person, without a jury trial it was easy to just say someone was enslaved and legally own them.
The compromise of 1850's five parts were designed to each smooth over a problem caused by the sectional freedom throughout the United States while continuing to keep slavery a fragmentary system in the growing nation.

Map of free/slave states after the Compromise of 1850 and the Kansas-Nebraska Act


To further complicate the issue of slavery, the Kansas-Nebraska Act defined the midwestern territories of Kansas and Nebraska and left them up to inhabitant vote to decide free or slave state. The possibility of slavery in the two territories overturned the Missouri Compromise line of freedom, but didn't concern Northerners too much since they thought the land wouldn't be good for cotton production. By now the land in the middle of America was mainly undeclared on its laws towards slavery and would remain impartial until the territory applied to become an official state. Then, the people living there would simply vote on the matter, majority rule.

Well owning people as property was a highly controversial issue and thus, unsurprisingly, the race to fill states with advocates for each side turned violent with the gruesome events of Bleeding Kansas.
The territory was open to be either slave or free; each side only needed to populate enough to win the vote. Each group swarmed the area and 2 separate capitals were set up. The anti slavery capital was burned down and John brown gathered a small army and brutally murdered pro slavery families in retaliation.



The last example of American politicians trying to deal with things short term instead of fixing the cause is the Dred Scott Decision. It started when Dred Scott tried to legally gain freedom through the court system of America. He claimed he and his wife were free because they were owned in states where slavery was illegal. This was a bad decision for him, the justice system doesn't care about a slave's technicalities, and it backfired badly. The results of this trial were not good and it was decided that slaves, because they are not citizens, were denied the right to sue in court;
"...they are not included, and were not intended to be included, under the word "citizens" in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States."
enslaved people could not win freedom simply by living in a free territory or state; the Missouri Compromise was ruled unconstitutional and all territories were opened to slavery. In the ruling the court is careful to focus on the fact that each state sets its own laws and the federal courts do not have jurisdiction in any slave matters since the laws vary between states. Each government pushes the responsibility of making decisions about the big problem of slavery onto other people. The national government makes it the states' individual problem and then the states leave it to whatever the people vote for. Each government only steps in to smooth over small issues that arise and don't acknowledge the cause of them. Eventually the built up tension must be dealt with and it is once the civil war breaks out. 

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